What is Cell Phone Forensic Analysis?

Cell phone forensic analysis is a specialized field within digital forensics that focuses on extracting and examining data from mobile devices such as smartphones and tablets. It plays a critical role in various legal contexts, including car accident and truck wreck cases, by providing valuable evidence that can help establish facts and uncover wrongdoing.

At the core of cell phone forensic analysis is the process of creating a “forensic image” of the mobile device. This involves making a bit-by-bit copy of the entire contents of the phone’s storage, including deleted data and system files, to preserve its integrity and ensure that no data is altered during the examination. Depending on the amount of data stored on the phone, downloading a copy of a cell phone can take anywhere from 2-4 hours.

What Information Might Be Produced Using Cell Phone Forensic Analysis?

Specialized software tools are used to extract this data from the device, allowing forensic analysts to access information such as:

• call logs
• text messages
• emails
• GPS location history
• social media activity
• photos
• notes
• calendar information

How Does Someone Become an Expert Cell Phone Forensic Analyst?

Becoming an expert cell phone forensic analyst requires specialized training, technical expertise, and proficiency in digital forensic tools and methodologies. Professionals in this field typically possess a background in computer science, digital forensics, or law enforcement, along with certifications such as Certified Forensic Computer Examiner (CFCE) or Certified Mobile Examiner (CME). They must stay updated on the latest advancements in mobile technology and forensic techniques to effectively analyze and interpret the vast amounts of data stored on modern mobile devices.

Cell Phone Forensic Analysis Can Discover Evidence Police Might Have Missed

Hiring an attorney who will utilize a cell phone forensic analyst is crucial in cases where cell phone use while driving is suspected to have caused an accident. While law enforcement agencies may conduct investigations into traffic accidents, they often lack the specialized resources and expertise required to effectively analyze digital evidence from mobile devices. Cell phone forensic analysis is a rapidly evolving field, with new technologies and software continually emerging to keep pace with advancements in mobile technology. Police departments may not have the resources to invest in cutting-edge equipment or provide ongoing training to their personnel, making them ill-equipped to handle complex digital investigations. Law enforcement agencies may not have the budget or infrastructure to keep pace with these advancements, making it challenging for them to conduct thorough investigations into cell phone use.

Moreover, cell phone forensic analysis demands specialized training, sophisticated equipment, and experience to effectively extract and interpret data from mobile devices. Private cell phone forensic analysts dedicated to this task are often more proficient and knowledgeable in navigating the complexities of modern smartphones and accessing their data. While some law enforcement personnel may receive basic training in digital forensics, they may lack the depth of experience and expertise possessed by dedicated forensic professionals who perform these tasks routinely.

Police Often Do Not Have the Capabilities to Prove a Crash was Caused by a Driver on a Cell Phone

In cases where law enforcement’s investigation falls short due to limitations in technology or expertise, having an attorney who recognizes the importance of independent cell phone forensic analysis can be pivotal. For instance, I was hired by a client who unfortunately had lost his legs due to a serious semi-truck wreck caused by a truck driver who was using his cell phone while driving. The police department where the crash occurred was unable to bring charges against the truck driver due to their inability to conduct a download of his cell phone. He hired me to file suit against the trucking company and by hiring a private cell phone forensic analyst, we were able to uncover evidence that the truck driver had been using his phone at the time of the crash, which led to my client recovering fair compensation for his injuries.

Unfortunately, it is my experience that the police do not enforce cell phone laws. Even when someone dies and I, using cell phone data experts, proved that the at fault driver was on his cell phone at the time of the wreck, the police still did nothing. I have met with prosecutors who did nothing. Society has decided that cell phone use is more important than safety. I have had numerous clients killed or severely injured because the driver that hit them was on a cell phone. I have been able to prove that drivers were speeding, texting while driving, sending photos, watching videos, and talking on the phone during heavy traffic or bad weather all through cell phone data experts.

Can I Rely on the Police to Investigate a Crash?

How is Cell Phone Forensic Analysis used in Personal Injury Cases?

In personal injury cases involving car and big truck wrecks, cell phone forensic analysis can be instrumental in uncovering evidence of distracted driving, negligent behavior, or other factors contributing to accidents. By analyzing the data extracted from the involved parties’ mobile devices, forensic experts can reconstruct timelines, determine if a driver was on a cell phone before a wreck, and determine if a driver’s location was close to a collision. This evidence can significantly strengthen a legal case by providing objective insights into the circumstances surrounding the accident, ultimately aiding in the pursuit of justice and fair compensation for the injured party.

Cell Phone Data Can Determine if a Distracted Driver Caused the Wreck

Cell phone data, such as call logs, text messages, and GPS location history, can help establish the timeline of events leading up to the accident. This information can corroborate or challenge witness testimonies and other evidence. Cell phone forensic analysis plays a crucial role in establishing a timeline of events before and after a car or truck accident. By retrieving call history and text message data from the device or through records obtained from the cell phone company, forensic analysts can reconstruct the sequence of communications leading up to the crash. Call history records typically provide comprehensive details, including the contact name of the parties involved in the call, the exact timestamp of the call initiation and termination, the duration of the call, and whether it was inbound or outbound. Similarly, text message records obtained from the phone company contain essential information such as the date and time of the text, the sender, and the recipient.

Demonstrating if a Driver was on their Phone at the Time of the Wreck

While call logs from the phone company offer valuable insights into communication patterns, examining the actual content of text messages is often more informative. Cell phone analysts can access the content of text messages directly from the phone itself, allowing them to determine the context of the communication and any relevant details pertaining to the accident. This comprehensive analysis helps establish whether a driver was engaged in distracting activities, such as texting or talking on the phone, at the time of the crash. By piecing together the timeline of phone activity before the accident, cell phone forensic analysis provides critical evidence to support claims of negligence or liability in personal injury cases involving car or truck accidents.

Can a Semi Driver Use a Cell Phone While Driving?

Cell Phone Data Can Help Determine Liability

Cell phone forensic analysis can be used to help support a truck accident attorney’s driver negligence in court by providing detailed insights into a driver’s behavior leading up to an accident. Analysts can examine phone records and tower locations to reconstruct the driver’s activities and compare them with other evidence, such as truck driver logs. By cross-referencing this information, analysts can identify patterns in the driver’s behavior, such as habitual routes or frequent stops, which may indicate familiarity with specific road conditions or hazards.

Should a Driver Have Known When to Stop?

In the context of a construction zone accident, cell phone forensic analysis can be particularly useful. By reviewing the driver’s phone records and tower locations, analysts can establish whether the driver was aware of the impending construction zone and whether they took appropriate precautions, such as slowing down or adjusting their route. Discrepancies between the driver’s actions and the known conditions of the road can indicate negligence or recklessness, potentially leading to liability for the accident.

By leveraging forensic analysis of cell phone data, attorneys can effectively demonstrate that a driver’s actions deviated from what a reasonable and prudent driver would do under similar circumstances. This evidence can be instrumental in establishing liability and holding negligent drivers accountable for their actions, ultimately securing justice for accident victims.

Cell Phone Data Can Help Verify Driver Location

Cell phone forensic analysis can verify the accuracy of statements made by the involved parties and witnesses. Discrepancies between phone records and testimonies can be uncovered through thorough analysis.

Using Cell Phone Towers to Determine Driver Location

Cell phone forensic analysts utilize triangulation of cell phone towers to pinpoint the general location and route of a phone at specific times. This process involves identifying the signals received by nearby cell towers and using the strength and timing of these signals to estimate the phone’s location. By analyzing data from multiple cell towers, analysts can triangulate the phone’s position with a high degree of accuracy.

In the context of truck accidents, triangulation of cell phone towers can be instrumental in determining whether a truck driver was present at the location of a crash. By examining the phone’s activity and its interaction with nearby towers leading up to the accident, analysts can reconstruct the driver’s route and establish whether they were in the vicinity of the crash site at the relevant time. This information can corroborate or refute the driver’s account of their whereabouts and actions, providing valuable insights into the circumstances leading up to the accident.

Can I Wait to Hire a Personal Injury Attorney?

No, you should hire an experienced personal injury attorney as soon as possible after your wreck. Hiring a personal injury attorney promptly after a wreck is crucial to preserving vital evidence and safeguarding the integrity of the case. In the aftermath of an accident, evidence can be lost or destroyed. Cell phone data can be overwritten or deleted with continued usage. As time since a crash passes, the risk of crucial information being lost or overwritten increases, particularly if the phone continues to be used for calls, texts, or other activities. Many smartphone applications have limited data retention periods, with data being automatically deleted to make room for new information after a certain duration. Therefore, it is important to take swift action to secure any electronic devices involved in the accident to prevent data loss.

A proactive personal injury attorney understands the importance of preserving evidence and will take immediate steps to protect their client’s interests. These preservation letters serve as formal notices to all relevant parties involved, including potential defendants, insurance companies, and relevant service providers, informing them of their legal obligation to retain all evidence related to the accident including phone data and call logs. Benjamin Bierce, an experienced cell phone forensic analyst who I interviewed on Episode #7 of my podcast, After the Crash, emphasized the importance of hiring a fast-acting attorney to send out preservation of evidence letters: “If your attorney is not moving quickly enough, I’ve seen phones disappear.” Additionally, attorneys will advise their client to refrain from using or altering their electronic devices to prevent inadvertent deletion or manipulation of crucial evidence. By acting swiftly and decisively, an experienced personal injury attorney can mitigate the risk of evidence deterioration and lay the groundwork for a strong case on behalf of their client.

When Should You Hire an Attorney After a Semi Wreck?

Want to learn more about cell phone forensic analysis?

To learn more about cell phone forensic analysis in personal injury cases, I recommend watching Episode #7 of my podcast, After the Crash, where I interviewed an experienced cell phone forensic analysis expert, Benjamin Bierce. My podcast, After the Crash, which provides critical information for those who have suffered serious injuries or lost a loved one in a Semi Wreck.

Were You or a Loved One Injured by a Semi Driver on their Cell Phone?

Don’t wait to call an experienced truck accident attorney. Our knowledgeable truck accident trial lawyers at Craig, Kelley & Faultless have the experience and skills to secure the evidence and recover fair compensation for truck wreck victims. By employing cell phone forensic analysis experts, accident reconstructionists, investigators, engineers, and mechanics they will find out what happened, why it happened, and collect the evidence necessary to hold the wrongdoers accountable.

Get a free case review with one of our accident attorneys by 1-800-746-0226, and additional information can be found at www.ckflaw.com.

About the Author

David W. Craig sits on the Board of Regents of the ATAA (which requires the board certification in truck accident law). He is the managing partner, as well as one of the founding partners of the law firm of Craig, Kelley & Faultless LLC. He is also recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to  help victims and their families as they navigate through a terrible situation and answers the host of questions that come after a tragic wreck. He is also the host of the podcast, After the Crash where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol on roads regarding speed, weather conditions, maintenance upkeep, etc.